Dismissal

Notice periods

Summary dismissal - dismissal without notice or pay, can sometimes be justified if an employee's behaviour amounts to gross misconduct - see our guide on handling discipline and grievance issues.

However, in all other cases you'll need to give the employee the period of notice they're entitled to either under their contract or if not specified, according to statutory notice provisions.

You may decide you don't wish them to work out their notice period, leaving two possible options:

• Allow them to leave immediately, but with a payment up to the date they would have left - known as pay in lieu. You must include any outstanding statutory holiday pay.
• Continue paying them up to the date when the notice period ends but ask them to stay home and not to do any work - known as garden leave.

Pay in lieu will be a breach of contract unless provided for in their contract - which means you will not be able to hold them to any restrictive covenants or confidentiality obligations. For more information, see our guides on how to issue the correct periods of notice and on workers leaving: the basics.

Notice period in redundancy

Employees who are dismissed as a result of being made redundant, are entitled to receive notice according to their employment contract or the statutory notice period, whichever is longer.

For more information on redundancy procedures see our guide on making an employee redundant.

Subjects covered in this guide

• Introduction
• Types of dismissal and qualifying periods for tribunal claims
• Dismissing fairly
• Unfair reasons for dismissal
• Avoiding unfair dismissal and the consequences of getting it wrong
• Dismissals on performance grounds
• Dismissals on capability grounds
• Dismissals relating to industrial action
• Notice periods
• Final payments and other matters

 

 Print This Page

Source - Business Link; Crown Copyright.